logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원성남지원 2015.11.24 2015가단208916
소유권보존등기말소
Text

1. The defendant shall make the plaintiff on September 18, 1996 with respect to Suwon District Court's Sung-nam Branch with respect to the amount of 238 square meters in Gwangju City.

Reasons

1. Facts of recognition;

A. According to the Land Survey Book drawn up in the Japanese occupation period, C is written as the owner of the answer 72 square meters in Gwangju City in 1911.

B. The registration of the preservation of ownership in the name of the Defendant was completed as of September 18, 1996 by the Suwon District Court Sung-nam Branching Gwangju District Court (hereinafter “instant land”) No. 43788, Sept. 18, 1996.

(hereinafter referred to as the “registration of initial ownership”). C.

The plaintiff's assistance team C died in the 1950s and became the heir of the deceased son, and D died on June 30, 1973 and became the heir of the plaintiff, F, G, and H who were his wife E and children, and E died on December 9, 1977 and became the heir of the plaintiff, F, G, and H.

Ultimately, the plaintiff is one of the deceased C's successors.

[Reasons for Recognition] Facts without a partial dispute, entry in Gap evidence 1-5 (including branch numbers), the purport of the whole pleadings

2. In full view of the following circumstances: (a) each of the facts acknowledged under paragraph (1) above, evidence, and evidence No. 7, the purport of the entire pleadings, namely, the Plaintiff’s assistance division C had a permanent domicile in Gwangju-si where the land of this case was located; and (b) the person who had a permanent domicile and address in Gwangju-siJ and had the same name and Chinese name as the Plaintiff’s assistance division appears to have never existed in addition to the Plaintiff’s assistance division, C and the Plaintiff’s assistance division C, which were recorded in the land investigation register of this case, can be acknowledged as the same person.

Thus, the land of this case is the land under the circumstances of C, the plaintiff's prior son during the Japanese occupation period, and unless there is any counter-proof such as the change of the above circumstances by the adjudication, it shall be presumed that the above circumstances have become final and conclusive. C has acquired the land in this case smoothly, and if it is found that a person other than the title holder of the preservation registration was under the conditions of the land in this case, the presumption of ownership preservation registration has

(See Supreme Court Decision 2012Da10355 Decided October 14, 2012).

arrow